A new commencement order has been made today that will bring further provisions of the Nationality and Borders Act 2022 into effect. The Nationality and Borders Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2023 means that parts of section 46 (removals: notice requirements) and section 52 (use of scientific methods in age assessments) will be in force from 20 November 2023.

This is not the introduction of priority removal notices. Those sections are still not in force, they are at sections 20 to 25. The changes on 20 November 2023 will put the removal notice process into legislation instead of them being in guidance only. The explanatory notes to section 46 state that:

This section is intended to provide a statutory minimum period to enable individuals to access justice prior to their removal. It includes the provision of written notices of intention to remove and departure details.

There are also new timescales for failed removals and unsuccessful judicial reviews. The transitional provisions mean that this will not apply to removal directions given before 20 November 2023.

In relation to section 52, the government has already made clear that it intends to proceed with non-therapeutic tests on children. As ever, it is worth remembering that there are significant parts of the Nationality and Borders Act 2022 that have not yet been brought into force.

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